How many times must an apprentice be warned before his/her notarial apprenticeship be terminated? What are the cases of termination of notarial apprenticeship in Vietnam?
What are the criteria for notaries in Vietnam?
According to Article 8 of the Law on Notarization 2014, it stipulates the standards for notaries:
Criteria for notaries
A Vietnamese citizen who permanently resides in Vietnam, observes the Constitution and law, has good ethical qualities, and fully satisfies the following criteria shall be considered for appointment as a notary:
1. Having a bachelor of law degree.
2. Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.
3. Having graduated from a notary training course as prescribed in Article 9 of this Law or completed a notary re-training course as prescribed in Clause 2, Article 10 of this Law.
4. Meeting requirements on notarial practice probation results.
5. Being physically fit for notarial practice.
According to the above regulations, to become a notary must meet the following standards:
- Having a bachelor of law degree.
- Having performed legal work at agencies or organizations for at least 5 years after obtaining the bachelor of law degree.
- Having graduated from a notary training course as prescribed in Article 9 of this Law or completed a notary re-training course as prescribed in Clause 2, Article 10 of this Law.
- Meeting requirements on notarial practice probation results.
- Being physically fit for notarial practice.
How many times must an apprentice be warned before his/her notarial apprenticeship be terminated? What are the cases of termination of notarial apprenticeship in Vietnam? (Image from the Internet)
Vietnam: How many times must an apprentice be warned before his/her notarial apprenticeship be terminated?
Pursuant to Clause 1, Article 30 of Circular 08/2023/TT-BTP stipulating handling of violations regarding probationary notary practice:
Actions against violations in notarial apprenticeship
1. If an apprentice violates the provisions of this Circular and has been warned and requested correction in writing at least 3 times by the notarial apprenticeship organization but still continues to violate the law, then the notarial apprenticeship organization shall request the Department of Justice to consider terminating his/her notarial apprenticeship. In case a notarial practice organization intentionally covers up and does not report to the Department of Justice, the Department of Justice will conduct an inspection and take further actions as per the law.
2. If a notary mentor refuses to instruct an apprentice without a legitimate reason and violates the provisions of this Circular and relevant legal documents, he/she shall be, depending on the nature and severity of the violation, subject to a form of sanctions prescribed by law.
3. If a notarial practice organization whose name is on the list of qualified apprenticeship organizations refuses to admit apprentices without a legitimate reason, or it appoints unqualified notary mentors to instruct apprentices, or it violates other regulations of this Circular and other relevant legal documents, it shall, depending on the nature and severity of the violation, face sanctions as per the law.
According to the above regulations, If an apprentice has been warned and requested correction in writing at least 3 times by the notarial apprenticeship organization but still continues to violate the law, then the notarial apprenticeship organization shall request the Department of Justice to consider terminating his/her notarial apprenticeship
What are the cases of termination of notarial apprenticeship in Vietnam?
Pursuant to Clause 1, Article 10 of Circular 08/2023/TT-BTP stipulates the cases of termination of notarial apprenticeship, including:
- The apprentice terminates their apprenticeship;
- The apprentice is a/an official or public employee (except an public employee working for a public notary office), any commissioned officer, professional soldier, national defense worker in a People’s Army unit; any commissioned officer, non-commissioned officer, or worker in a People’s Public Security unit;
- The apprentice is working under an employment contract for an agency, organization, or enterprise, unless that person is working under an employment contract for a notarial practice organization that he/she is serving the apprenticeship or that person signed an employment contract with an agency, organization, or enterprise with working hours that do not coincide with the working hours of the notarial practice organization providing the apprenticeship;
- The apprentice no longer permanently resides in Vietnam;
- The apprentice becomes incapacitated or has limited legal capacity or has limited cognition or behavior control;
- The apprentice faces a criminal prosecution or is convicted of a crime under a legally effective judgment of the Court;
- The apprentice is subject to an administrative sanction;
- The apprentice failed to undertake the apprenticeship within 30 days from the effective date of the Department of Justice's apprenticeship registration decision;
- The apprentice suspends the apprenticeship not in accordance with regulations; or suspends the apprenticeship more than the prescribed number of times, or fails to resume the apprenticeship after the apprenticeship suspension period expires;
- The apprenticeship is terminated by the Department of Justice according to Clause 1, Article 30 of this Circular;
- The apprentice is not eligible for registration of the notarial apprenticeship at the apprenticeship registration time.
Circular 08/2023/TT-BTP will take effect from November 20, 2023
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